Muslim Will Format in India: Legal Wasiyatnama Template

LAST WILL AND TESTAMENT (WASIYATNAMA)

IN THE NAME OF ALLAH, THE MOST GRACIOUS, THE MOST MERCIFUL

I, [Full Name of Testator], son/daughter of Late [Father's Name], aged [Age] years, by religious faith a Muslim ([Sunni / Shia] school of jurisprudence), residing at [Complete Residential Address], holding PAN [PAN Number] and Aadhaar [Aadhaar Number], do hereby revoke all my former wills, wasiyats, and codicils. I execute this Last Will and Testament (Wasiyatnama) on this [Day] day of [Month], [Year] at [City, State], in full possession of my mental faculties and without any coercion, undue influence, or fraud.

1. DECLARATION OF FAITH AND SOUND HEALTH:
I affirm my unwavering faith in Islam. I declare that I am in sound physical health and disposing mind. I fully understand the nature and effect of disposing of my worldly assets in accordance with the Muslim Personal Law (Shariat) Application Act, 1937 and classical Mahomedan Law.

2. APPOINTMENT OF EXECUTOR (AL-WASI):
I hereby nominate and appoint [Full Name of Primary Executor], son/daughter of [Parent Name], residing at [Address], to be the sole Executor (Al-Wasi) of this my Last Will. In the event [he/she] predeceases me, renounces, or becomes incapable of acting, I nominate and appoint [Full Name of Alternate Executor], residing at [Address], as the alternate Executor. The Executor shall hold full authority to take custody of my estate, obtain letters of administration or probate if necessary, and administer my properties strictly as directed herein.

3. SETTLEMENT OF FUNERAL CHARGES, DEBTS, AND MAHR:
Before any legacy or bequest is distributed, my Executor shall out of my gross estate pay and discharge in strict chronological priority:
a) All necessary and reasonable funeral and burial expenses strictly according to Islamic rites.
b) All my lawful debts, personal liabilities, and outstanding commercial dues.
c) The outstanding prompt or deferred Mahr (dower) amounting to Rs. [Amount in INR]/- due and payable to my lawful wife, [Full Name of Wife], which constitutes a prior debt upon my estate.

4. DISCRETIONARY ONE-THIRD BEQUEST (AL-THULUTH):
In exercise of the testamentary powers vested in a Muslim under Section 118 of Mulla's Principles of Mahomedan Law and the Shariat Act, 1937, I hereby bequeath an amount not exceeding one-third (1/3rd) of my net distributable estate as follows:
a) A sum of Rs. [Amount]/- or [Specific Property/Asset Details] to [Full Name of Beneficiary/Charitable Trust], residing or situated at [Address], for [his/her absolute benefit / charitable purposes / Sadqah Jariyah].
[Note: If the Testator is Sunni and this legatee is a legal heir, this bequest is subject to the written consent of all other legal heirs granted post-demise].

5. DEVOLUTION OF TWO-THIRDS (2/3RDS) UNDER QURANIC FARAID:
The entire remainder of my net estate, constituting at least two-thirds (2/3rds) of my total net assets (or the entire estate if the one-third bequest above lapses or is disclaimed), shall devolve strictly and compulsorily upon my lawful legal heirs in accordance with the Quranic rules of inheritance (Faraid) under [Hanafi Sunni / Shia Ithna-Ashari] jurisprudence applicable to me at the time of my death:
- To my surviving Wife: [Her lawful Quranic share: 1/8th if children exist, or 1/4th if no children exist].
- To my surviving Sons and Daughters: [Residuary shares in the ratio of two parts to a son and one part to a daughter].
- To my surviving Mother/Father: [Their lawful Quranic shares as prescribed by Sharia].

6. SCHEDULE OF PROPERTIES:
My properties include the immovable properties described in Schedule 'A' and movable assets (bank accounts, fixed deposits, mutual funds, gold jewelry, and demat holdings) listed in Schedule 'B' annexed hereto.

IN WITNESS WHEREOF, I, [Full Name of Testator], have set my hand to this Last Will and Testament (Wasiyatnama) on the day, month, and year first written above.

___________________________
TESTATOR (AL-MUSI): [Full Name]

ATTESTING WITNESSES:
We, the undersigned witnesses, certify that the Testator signed this Wasiyatnama in our joint presence, and we, at [his/her] request and in [his/her] presence, have subscribed our names as witnesses, both being present at the same time.

Witness 1:
Signature: _______________________
Full Name: [Witness 1 Name]
Father's Name: [Father's Name]
Address: [Full Address]
Aadhaar/ID: [ID Number]

Witness 2:
Signature: _______________________
Full Name: [Witness 2 Name]
Father's Name: [Father's Name]
Address: [Full Address]
Aadhaar/ID: [ID Number]

DEED OF CONSENT BY LEGAL HEIRS (IQRAR-NAMA)
[For Bequest to a Legal Heir or Bequest Exceeding One-Third under Sunni / Mahomedan Law]

THIS DEED OF DECLARATION AND CONSENT is executed on this [Day] day of [Month], [Year] at [City, State] by:

1. [Full Name of Heir 1], son/daughter of Late [Testator Name], aged [Age] years, residing at [Address] (Relationship: [e.g., Son]).
2. [Full Name of Heir 2], son/daughter of Late [Testator Name], aged [Age] years, residing at [Address] (Relationship: [e.g., Daughter]).
3. [Full Name of Heir 3], wife/husband of Late [Testator Name], aged [Age] years, residing at [Address] (Relationship: [e.g., Surviving Wife]).
(Collectively referred to as the "CONSENTING LEGAL HEIRS").

IN FAVOR OF:
[Full Name of Legatee/Beneficiary], son/daughter of [Name], residing at [Address] (hereinafter referred to as the "BENEFICIARY").

WHEREAS:
A. The Late [Full Name of Testator], who was a Muslim governed by Sunni Hanafi law, passed away on [Date of Death] at [Place of Death], leaving behind the Consenting Legal Heirs as his/her sole legal heirs under the Quranic rules of inheritance.
B. During his/her lifetime, the deceased executed a Last Will and Testament (Wasiyatnama) dated [Date of Will], wherein [he/she] bequeathed [describe property or amount exceeding 1/3rd or given to a legal heir] to the Beneficiary.
C. Under the Muslim Personal Law (Shariat) Application Act, 1937 and Section 117 of Mulla's Principles of Mahomedan Law, read with the Privy Council ruling in Ghulam Mohammad v. Ghulam Husain (1932), a bequest to a legal heir or a bequest exceeding one-third of the net estate is valid only upon the free consent of all surviving legal heirs granted AFTER the death of the testator.

NOW THIS DEED WITNESSETH AND THE CONSENTING HEIRS DECLARE AS FOLLOWS:
1. RATIFICATION OF BEQUEST: The Consenting Legal Heirs hereby unconditionally confirm, ratify, and consent to the bequest made in Clause [Number] of the Wasiyatnama dated [Date of Will] in favor of the Beneficiary.
2. WAIVER OF RIGHT: We declare that our consent is given freely and voluntarily, after the demise of the Testator, with full knowledge of our Quranic legal shares. We waive all objections to the transfer and mutation of the said property in the Beneficiary's sole name.
3. BINDING EFFECT: This declaration shall be binding upon each of us, our heirs, executors, administrators, and assigns, and may be produced before the Sub-Registrar, Municipal Corporation, Banks, or Courts of Law as conclusive proof of our post-demise consent under Islamic law.

IN WITNESS WHEREOF, the Consenting Legal Heirs have signed this Deed on the date first written above.

1. Signature: _______________________ Name: [Heir 1 Name]
2. Signature: _______________________ Name: [Heir 2 Name]
3. Signature: _______________________ Name: [Heir 3 Name]

WITNESSES:
1. Signature: _______________________ Name & Address: [Witness 1]
2. Signature: _______________________ Name & Address: [Witness 2]

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